Relationship Requirement For UK Spouse Visa

To apply for a UK spouse visa, you must meet the relationship requirement under Appendix FM of the immigration rules.

“Partner” means a person’s:

• spouse; or
• civil partner; or
• unmarried partner, where the couple have been in a relationship similar to marriage or civil partnership for at least 2 years.

There is no requirement for the parties to a durable relationship to have been living together for at least 2 years, as long as the relationship is similar to a marriage or civil partnership.

Summary of relationship requirements

This section summarises the relationship requirements and explains when they need to be assessed at the first and/or subsequent applications as a partner.

The relationship requirements are:

• that both partners are aged over 18 on the date of application
• that any marriage or civil partnership must be valid
• the partners must not be so closely related they would be prohibited from marriage or a civil partnership in the UK
• any previous relationships must have broken down
• the partners must not be in a polygamous or polyandrous marriage or civil partnership (unless an exception applies).
• where partners are unmarried and not in a civil partnership, they must have been in a relationship similar to marriage or civil partnership for at least 2 years
• the partners must have met in person
• the relationship must be genuine and subsisting

Proxy marriages

Marriages or civil partnerships conducted by proxy in the UK, where one of the contracting parties has appointed someone (a ’proxy’), to represent them at the ceremony are not recognised in the UK. But the UK recognises a marriage or civil partnership by proxy as valid if it took place under the law of another country where proxy marriage is lawful: see section on evidence of marriage.

Requirement that the partners not be closely related

The partners must not be within the prohibited degree of relationship. This requirement applies to applicants who are married or in a civil partnership and to those who are in a durable relationship.

The applicant and their partner must not be so closely related that they would be prohibited from marrying or entering into a civil partnership with each other in the UK, as defined in the Marriage Acts 1949 to 1986, the Marriage (Scotland) Act 1977 and 1986, the Marriage (Northern Ireland) Order 2003, the Civil Partnership Act 2004 and the Marriage and Civil Partnership (Scotland) Act 2014.

Two people are within prohibited degree of relationship if one falls within the prohibited degree of relationship in relation to the other as follows:

• adoptive child
• adoptive parent
• child
• former adoptive child
• former adoptive parent
• grandparent
• grandchild
• parent
• parent’s sibling (aunt or uncle)
• sibling (brother or sister)
• sibling’s child (nephew or niece)

In this context, ‘sibling’ means a brother, sister, half-brother or half-sister. Step-siblings are not included in this definition.

Requirement for partners to have met in person

It is mandatory requirement for a relationship requirement that the couple must have met in person before applying for a spouse visa.

What is a durable relationship

If the applicant and their partner are not married or in a civil partnership, they must prove that they have been in a relationship equivalent to marriage or civil partnership for a minimum of 2 years prior to the application date.

In order for a relationship to be deemed similar to marriage or civil partnership, the couple typically must have cohabitated and demonstrated a longstanding commitment to each other. Nevertheless, in certain situations, a strong and enduring relationship akin to marriage or civil partnership may exist even if the couple is not currently living together.

Genuine and subsisting relationship requirement

Each relationship is unique in regard to how it started, developed, and has subsisted and it is therefore important to provide the evidence that the relationship is genuine and subsisting. Cultural and religious practices may be relevant when assessing whether a relationship is genuine and subsiding.